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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Ramesh Kumar Thakur – Appellant
Versus
Himurja – Respondent
| Table of Content |
|---|
| 1. petitioner's eligibility for regularization after 8 years daily wage service under 2006 policy. (Para 1 , 2) |
| 2. interim orders delayed petitioner's regularization per respondent; claim reiterated. (Para 3 , 4) |
| 3. discrimination in regularizing others but denying eligible petitioner under same policy. (Para 5 , 6) |
| 4. notional benefits from policy date; actual monetary from petition filing. (Para 7) |
| 5. no right to regularization from 2003 without applicable policy. (Para 8) |
| 6. directions for regularization per 2006 policy with limited benefits. (Para 9) |
JUDGMENT :
RANJAN SHARMA, J.
1. Petitioner, Ramesh Kumar Thakur, a Junior Engineer, had initially filed CWP No.3342 of 2012 before this Court and on establishment of State Administrative Tribunal, the matter was transferred to the said Tribunal; and now upon its abolition, the same stands re-transferred to this Court, as CWPOA No.4065 of 2019, seeking the following relief:-
“11(i) That the respondent No.1 may kindly be directed to regularize the services of the petitioner from the date when he completes Eight years of service as daily wager with all consequential benefits.”
FACTUAL MATRIX:
2. Case set up by Learned Counsel, i
Daily wagers eligible under regularization policy entitled to parity with others despite delays from interim stays in separate cases; notional benefits from parity date, actual monetary from petition....
Policy for regularization must honor prior engagements if criteria are met, despite subsequent changes in policy restricting claims.
Judicial orders for service regularization must be implemented strictly without reinterpretation or prospective dilution.
An employee, eligible for getting benefit under two Policies, shall be entitled for benefit of the Policy which is more beneficial to him/her. On notification/circulation/ adoption of new Policy, an ....
An employee's long and continuous service reinforces entitlement to regularization, regardless of initial temporary status, especially when compared to similarly situated colleagues.
Labour Law - Workmen - Right of regularization/work-charge status of a Daily-Wage Worker - Employee shall be entitled for benefits of subsequent policy, if it is not taking away benefits of earlier p....
Daily wage employees who meet the eligibility criteria under the Uttar Pradesh Regularization of Daily Wages Appointments on Group 'D' Posts Rules, 2001, are entitled to be considered for regularizat....
The main legal point established is that the petitioner's services should have been regularized from 1.1.1999 as per the regularization policy, and the plea of delay and laches was rejected due to th....
Point of Law : Court that practice of the respondent Corporation in not regularizing the service of the workmen even though they have completed eight years of service, amounts to unfair labour practi....
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